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United States v. Archer Western Contractors, LLC

United States District Court, E.D. North Carolina, Western Division

April 27, 2017

UNITED STATES OF AMERICA, FOR THE USE OF G.L.H.C. SERVICES COMPANY, Plaintiff,
v.
ARCHER WESTERN CONTRACTORS, LLC; Defendant and Third-Party Plaintiff, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, Defendant,
v.
AEGIS SECURITY INSURANCE COMPANY, Third-Party Claim Defendant.

          B. David Carson, Attorneys for Plaintiff and Aegis Security Insurance Company

          Parker E. Moore, Attorneys for Plaintiff and Aegis Security Insurance Company

          Peter J. Marino, Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, LLP Attorney for Defendants Archer Western Contractors, LLC and Travelers Casualty and Surety Company of America

          Tobias R. Coleman, Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, LLP Attorney for Defendants Archer Western Contractors, LLC and Travelers Casualty and Surety Company of America

          J. Gray Wilson, Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, LLP Attorney for Defendants Archer Western Contractors, LLC and Travelers Casualty and Surety Company of America

          CONSENT ORDER COMPELLING ARBITRATION AND STAYING ACTION PENDING ARBITRATION

          JAMES C. DEVER III Chief United States District Court Judge

         THIS MATTER came on to be heard and being heard by the consent of the parties before the undersigned Chief United States District Judge, United States District Court for the Eastern District of North Carolina (Western Division), on Archer Western Contractors, LLC's ("AWC") Motion to Stay Action and Compel Arbitration, and the Court finds as follows:

         1. AWC was involved as contractor, and Travelers Casualty and Surety Company of America ("Travelers") as surety, for the construction, alteration, or repair of a public building or public work located at the United States Army installation known as Fort Bragg in Cumberland County, North Carolina, being more specifically described as the SOF Battalion Operations Facility, 1522 Hurst Drive, Fort Bragg, North Carolina 28387, Project No. 69287 (the "Project").

         2. On September 30, 2013, Travelers, as surety, issued Payment Bond No. 105987267 (the "Payment Bond") for the Project, on which AWC is listed as principal.

         3. AWC and G.L.H.C. Services Company ("GLHC") executed a written subcontract agreement dated August 22, 2014 (the "Subcontract") pursuant to which GLHC was to furnish all labor, equipment, insurance, taxes and supervision as required to fully fabricate, deliver, and install all light and heavy gauge framing, gypsum board, insulation, acoustical ceiling, rough carpentry, and acoustical walls (the "Work") for the construction, alteration, or repair of the Project.

         4. On September 2, 2014, GLHC and Aegis Security Insurance Company ("Aegis") entered into Subcontractor Performance Bond No. B10 023 463 (the "Performance Bond") on which GLHC is listed as principal and Aegis as obligee for the performance of the Work on the Project.

         5. During and after completion of the Work, certain disputes have arisen between GLHC and AWC relating to the performance of the Work, certain alleged additional and/or changed work performed by GLHC, Project delays, additional amounts due, and payment under the Subcontract and on the Project.

         6. GLHC has asserted claims against AWC relating to, among other things, unpaid invoices submitted in connection with GLHC's Work, certain alleged extra and/or changed work, and other alleged breaches of the Subcontract.

         7. AWC has asserted claims against GLHC relating to alleged delayed performance of the Work and other ...


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